Lown, partner facing long wait

Odds against couple's return to U.S. may be insurmountable

SAN ANGELO, Texas - Former San Angelo mayor Joseph W. Lown is prepared to stay in Mexico while his partner seeks a visa to come to the United States.

Lown is likely facing a long stay.

"Generally speaking, based on what I know, I see no avenue for legal re-immigration anytime soon," said David Antón Armendáriz, a San Antonio immigration lawyer with De Mott, McChesney, Curtright & Associates, LLP.

Armendáriz, whose wife is from San Angelo, stressed that he didn't know all the details about the Lown situation, but said from what he has heard the odds could be insurmountable.

Lown abruptly resigned May 19 after serving six years as the San Angelo mayor. Lown, 32, turned in a resignation letter to City Hall the day he was to take the oath of office for his fourth term.

Since then, Lown has lived in Mexico at an undisclosed location with his partner, whom he will not identify by name. Lown said last week he and the man have moved into a new house in a gated subdivision.

Lown has said he could not take the oath of office while being in a relationship with someone who was in the country illegally.

Now, he and his partner are waiting in Mexico until they can come back legally.

"I certainly hope that the process won't take that long," Lown said this past week. "In order to make a life together we must prepare for that. It was a hard decision, but it was the right decision for the circumstances we found ourselves in."

Lown's mother was a Mexican citizen and gained U.S. citizenship when she married Lown's father. Lown, who has dual U.S./Mexico citizenship because of his mother, said his situation is made more difficult because under current law he can't sponsor his partner.

Lown said he met the man soon after filing for re-election. He eventually won with nearly 90 percent of the vote. Lown feared that his partner would suddenly be deported, so they traveled to Mexico to get in line for a visa and start a life together.

The two are looking for an immigration lawyer, Lown said.

Armendáriz said they should have contacted an immigration lawyer before leaving the country. They may have made the situation worse by leaving, he said.

Immigration law is one of the most complicated areas of law and case-specific, Armendáriz said. But the facts in this case suggest Lown's wait will be long.

There is a 10-year inadmissibility "bar" for people who have been here without permission for longer than one year, then seek admission or re-admission. There is a waiver for that bar, but only under limited circumstances.

Armendáriz said it looks like Lown and his partner made choices based on bad information or advice, and "they will pay the price for it."

"The best option is doing nothing," he said. "In Mexico the choices are more limited. The choices here are also limited, but they are better. He might have been benefited by comprehensive immigration reform."

Lown hopes others have a different view of his situation.

"I'm hopeful that immigration officials will be somewhat forgiving about my partner having come to the U.S. illegally," Lown said.

One possible remedy is the proposed Uniting American Families Act that would allow American citizens and legal immigrants to seek residency in the United States for their same-sex partners, just as spouses now petition for foreign-born husbands and wives.

The proposal has come up several times before, said Erica J. Chabot, press secretary for Sen. Patrick Leahy, D-Vt.

Leahy wants the bill to be part of any immigration reform debate, Chabot said. Leahy, the bill's sponsor, is chairman of the Senate Judiciary Committee, which held a hearing on the legislation last week.

"Sen. Leahy having a hearing in front of the full committee highlights the importance of this bill," Chabot said. "It's a full discussion on comprehensive immigration reform. It would not be comprehensive if there was not debate on this issue."

The bill wouldn't necessarily resolve the situation Lown and his partner find themselves in, she said. However, the bill could help about 37,000 same-sex couples in the country, she said.

Texas Republican Sen. John Cornyn, also on the judiciary committee, is a proponent of comprehensive immigration reform but opposes piecemeal solutions, said Tina Gray, Cornyn's press secretary.

"President Obama promised to pass comprehensive immigration reform during his first 100 days in office; but, as of his 137th day, has yet to release a detailed plan," Gray said in an e-mail. "Once he has, Sen. Cornyn looks forward to working with President Obama to ensure a bipartisan solution."

Armendáriz said Leahy's bill is a "long way" from becoming law.

Lown said he has received about 900 e-mails since leaving office and has heard from about 12 couples who are in the same situation. They are from places such as Australia, Hong Kong, Mexico and Germany, he said.

Lown called Leahy's bill a fair proposal and said it could keep others from being faced with the same decision he had to make.

"I recognize the U.S. needs to have orderly immigration policy, but it needs to be equitable," Lown said. "My decision was the best for my personal life."

His partner came here illegally about six years ago when he was 15, Lown said. He had no student visa but graduated from a West Texas high school.

Since he left town, Lown's story has appeared in newspapers, Web sites and forums across the world. The talk outside of San Angelo at first focused on Lown because he suddenly left office to pursue a relationship with a man, but now more people want to talk to Lown about immigration law.

"My emphasis was always to be a law-abiding citizen," Lown said. "Frankly, I was forced to make a choice any other U.S. citizen should not have to make. Immigration law doesn't recognize same-sex couples. I can't petition for my partner to get a green card. That's part of the reason I had to make the decision I made."

His decision could keep him in Mexico for the near future, but he likely won't face any legal troubles.

Even if the mayor had lived with his partner, that would not constitute the criminal offense of "harboring" an immigrant without documents, Armendáriz said. Lown wasn't committing a crime just by living with someone who doesn't have documentation.

The law provides various categories of inadmissibility.

The fact that Lown's partner lived here for five years illegally will hurt his chances to get a visa, as will not having a family member to sponsor him, Armendáriz said.

"Every time someone wants to enter the country, they have to show they are admissible," he said. "There is a long list of things that made them inadmissible. One of them is the unlawful presence part. If he has an unlawful presence and leaves and wants to come back, he will have that problem."